Paragraph 5

(1)

£20 is disregarded if the applicant or, if the applicant has a partner, the applicant’s partner—

(a)

is in receipt of—

(i)

long-term incapacity benefit under section 30A of the SSCBA;

(ii)

severe disablement allowance under section 68 of the SSCBA;

(iii)

attendance allowance under section 64 of the SSCBA;

(iv)

disability living allowance;

(v)

personal independence payment;

(vi)

an AFIP;

(vii)

any mobility supplement under article 20 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006^f1 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983^f2;

(viii)

the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002^f3; or

(ix)

main phase employment and support allowance; or

F1(b)

is or are registered as blind in a register compiled under section 29 of the National Assistance Act 1948 (welfare services), or registered as severely sight-impaired in a register established and maintained by a local authority under section 18(1) of the Social Services and Well-being (Wales) Act 2014 or section 77(1) of the Care Act 2014, or in Scotland, has or have been certified as blind and in consequence is or registered as blind in a register maintained by or on behalf of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; or

(c)

is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the SSCBA (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(i)

in the case of an applicant who is terminally ill within the meaning of section 30B(4) of the SCCBA, 196 days;

(ii)

in any other case, 364 days; or

(d)

has, or is treated as having, limited capacity for work within the meaning of section 1(4) of the Welfare Reform Act 2007 or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—

(i)

the assessment phase as defined in section 24(2) of the Welfare Reform Act 2007 has ended; or

(ii)

regulation 7 of the Employment and Support Allowance Regulations 2008^f4 F2or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the condition that the assessment phase has ended before entitlement to the support component F3arises does not apply) applies.

(2)

Subject to sub-paragraph (3), £20 is disregarded if the applicant or, if the applicant has a partner, the applicant’s partner has, within a period of 8 weeks ending on the day in respect of which the applicant or the applicant’s partner attains the qualifying age for state pension credit, had an award of housing benefit or council tax benefit or been in receipt of a reduction under this scheme and—

(a)

£20 was disregarded in respect of earnings taken into account in that award; and

(b)

the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3)

The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person’s—

(a)

entitlement to housing benefit; or

(b)

receipt of a reduction under this scheme; or

(c)

employment,

following the first day in respect of which that benefit or reduction under this scheme is awarded.

(4)

£20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the applicant has a partner, both the applicant and the applicant’s partner satisfy the requirements of this paragraph.

Annotations

Textual amendments

F1: Sch. Scheme Sch. 4 para. 5(1)(b) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 27
F2: Words in Sch. Scheme Sch. 4 para. 5(1)(d)(ii) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 29(a)
F3: Word in Sch. Scheme Sch. 4 para. 5(1)(d)(ii) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 26

Footnotes

f1: S.I. 2006/606.
f2: S.I. 1983/686.
f3: S.I. 2002/2005.
f4: S.I, 2008/794.